Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



Download 4.06 Mb.
Page76/81
Date conversion04.09.2017
Size4.06 Mb.
1   ...   73   74   75   76   77   78   79   80   81

182 27 (d) Section 126.3.

182 28 (e) Chapter 453B.

182 29 (f) Two or more violations of section 123.47 regarding the

182 30 possession of alcoholic beverages.

182 31 (g) Section 708.1, if the assault is committed upon an

182 32 employee of the school at which the child is enrolled, and the

182 33 child intended to inflict serious injury upon the school

182 34 employee or caused bodily injury or mental illness.

182 35 (h) Section 724.4, if the child carried the dangerous

Senate File 449 - Introduced continued
183 1 weapon on school grounds.

183 2 (i) Section 724.4B.

183 3 The child may be issued a temporary restricted license or

183 4 school license if the child is otherwise eligible.

183 5 (5) The suspension of the driver's license or operating

183 6 privilege of the child for a period not to exceed one year.

183 7 The order shall state whether a work permit may or shall not

183 8 be issued to the child.

183 9 An order under paragraph "a" may be the sole disposition or

183 10 may be included as an element in other dispositional orders.

183 11 c. An order providing special care and treatment required

183 12 for the physical, emotional or mental health of the child, and

183 13 (1) Placing the child on probation or other supervision;

183 14 and

183 15 (2) If the court deems appropriate, ordering the parent,

183 16 guardian, or custodian to reimburse the county for any costs

183 17 incurred as provided in section 232.141, subsection 1, or to

183 18 otherwise pay or provide for such care and treatment.

183 19 A parent or guardian may be required by the juvenile court


183 20 to participate in educational or treatment programs as part of


183 21 a probation plan if the court determines it to be in the best

183 22 interest of the child. A parent or guardian who does not

183 23 participate in the probation plan when required to do so by

183 24 the court may be held in contempt.

183 25 Sec. 220. Section 232.52, subsection 2A, Code 2009, is

183 26 amended to read as follows:

183 27 2A. a. An order under subsection 2, paragraph "a", may be



183 28 the sole disposition or may be included as an element in other

183 29 dispositional orders.

183 30 b. A parent or guardian may be required by the juvenile



183 31 court to participate in educational or treatment programs as

183 32 part of a probation plan. A parent or guardian who does not

183 33 participate in the probation plan when required to do so by

183 34 the court may be held in contempt.

183 35 c. Notwithstanding subsection 2, the court shall not order


Senate File 449 - Introduced continued

184 1 group foster care placement of the child which is a charge

184 2 upon the state if that placement is not in accordance with the

184 3 service area plan for group foster care established pursuant

184 4 to section 232.143 for the departmental service area in which

184 5 the court is located.

184 6 Sec. 221. Section 236.5, Code 2009, is amended to read as

184 7 follows:

184 8 236.5 DISPOSITION.

184 9 1. Upon a finding that the defendant has engaged in

184 10 domestic abuse:

184 11 1. a. The court may order that the plaintiff, the

184 12 defendant, and the children who are members of the household

184 13 receive professional counseling, either from a private source

184 14 approved by the court or from a source appointed by the court.

184 15 Costs of counseling shall be paid in full or in part by the

184 16 parties and taxed as court costs. If the court determines

184 17 that the parties are unable to pay the costs, they may be paid

184 18 in full or in part from the county treasury.

184 19 2. b. The court may grant a protective order or approve a

184 20 consent agreement which may contain but is not limited to any

184 21 of the following provisions:

184 22 a. (1) That the defendant cease domestic abuse of the

184 23 plaintiff.

184 24 b. (2) That the defendant grant possession of the

184 25 residence to the plaintiff to the exclusion of the defendant

184 26 or that the defendant provide suitable alternate housing for

184 27 the plaintiff.

184 28 c. (3) That the defendant stay away from the plaintiff's

184 29 residence, school, or place of employment.

184 30 d. (4) The awarding of temporary custody of or

184 31 establishing temporary visitation rights with regard to

184 32 children under eighteen.

184 33 (a) In awarding temporary custody or temporary visitation

184 34 rights, the court shall give primary consideration to the

184 35 safety of the victim and the children.
Senate File 449 - Introduced continued
185 1 (b) If the court finds that the safety of the victim or

185 2 the children will be jeopardized by unsupervised or

185 3 unrestricted visitation, the court shall condition or restrict

185 4 visitation as to time, place, duration, or supervision, or

185 5 deny visitation entirely, as needed to guard the safety of the

185 6 victim and the children.

185 7 (c) The court shall also investigate whether any other

185 8 existing orders awarding custody or visitation rights should

185 9 be modified.

185 10 e. (5) Unless prohibited pursuant to 28 U.S.C. } 1738B,

185 11 that the defendant pay the clerk a sum of money for the

185 12 separate support and maintenance of the plaintiff and children

185 13 under eighteen.

185 14 2. An order for counseling, a protective order, or

185 15 approved consent agreement shall be for a fixed period of time

185 16 not to exceed one year. The court may amend or extend its

185 17 order or a consent agreement at any time upon a petition filed

185 18 by either party and after notice and hearing. The court may

185 19 extend the order if the court, after hearing at which the

185 20 defendant has the opportunity to be heard, finds that the

185 21 defendant continues to pose a threat to the safety of the

185 22 victim, persons residing with the victim, or members of the

185 23 victim's immediate family. At the time of the extension, the

185 24 parties need not meet the requirement in section 236.2,

185 25 subsection 2, paragraph "d", that the parties lived together

185 26 during the last year if the parties met the requirements of

185 27 section 236.2, subsection 2, paragraph "d", at the time of the

185 28 original order. The number of extensions that can be granted

185 29 by the court is not limited.

185 30 3. The order shall state whether a person is to be taken

185 31 into custody by a peace officer for a violation of the terms

185 32 stated in the order.

185 33 3. 4. The court may order that the defendant pay the

185 34 plaintiff's attorneys fees and court costs.

185 35 4. 5. An order or consent agreement under this section
Senate File 449 - Introduced continued
186 1 shall not affect title to real property.

186 2 5. 6. A copy of any order or approved consent agreement

186 3 shall be issued to the plaintiff, the defendant, the county

186 4 sheriff of the county in which the order or consent decree is

186 5 initially entered, and the twenty=four=hour dispatcher for the

186 6 county sheriff. Any subsequent amendment or revocation of an

186 7 order or consent agreement shall be forwarded by the clerk to

186 8 all individuals and the county sheriff previously notified.

186 9 7. The clerk shall notify the county sheriff and the

186 10 twenty=four=hour dispatcher for the county sheriff in writing

186 11 so that the county sheriff and the county sheriff's dispatcher

186 12 receive written notice within six hours of filing the order,

186 13 approved consent agreement, amendment, or revocation. The

186 14 clerk may fulfill this requirement by sending the notice by

186 15 facsimile or other electronic transmission which reproduces

186 16 the notice in writing within six hours of filing the order.

186 17 8. The county sheriff's dispatcher shall notify all law

186 18 enforcement agencies having jurisdiction over the matter and

186 19 the twenty=four=hour dispatcher for the law enforcement

186 20 agencies upon notification by the clerk.

186 21 Sec. 222. Section 252B.5, subsection 12, paragraphs a and

186 22 b, Code 2009, are amended to read as follows:

186 23 a. Comply In compliance with federal procedures, to

186 24 periodically certify to the secretary of the United States

186 25 department of health and human services, a list of the names

186 26 of obligors determined by the unit to owe delinquent support,

186 27 under a support order as defined in section 252J.1, in excess

186 28 of two thousand five hundred dollars. The certification of

186 29 the delinquent amount owed may be based upon one or more

186 30 support orders being enforced by the unit if the delinquent

186 31 support owed exceeds two thousand five hundred dollars. The

186 32 certification shall include any amounts which are delinquent

186 33 pursuant to the periodic payment plan when a modified order

186 34 has been retroactively applied. The certification shall be in

186 35 a format and shall include any supporting documentation

Senate File 449 - Introduced continued
187 1 required by the secretary.

187 2 b. All of the following shall apply to an action initiated

187 3 by the unit under this subsection:

187 4 (1) The obligor shall be sent a notice by regular mail in

187 5 accordance with federal law and regulations and the notice

187 6 shall remain in effect until support delinquencies have been

187 7 paid in full.

187 8 (2) The notice shall include all of the following:

187 9 (a) A statement regarding the amount of delinquent support

187 10 owed by the obligor.

187 11 (b) A statement providing information that if the

187 12 delinquency is in excess of two thousand five hundred dollars,

187 13 the United States secretary of state may apply a passport

187 14 sanction by revoking, restricting, limiting, or refusing to

187 15 issue a passport as provided in 42 U.S.C. } 652(k).

187 16 (c) Information regarding the procedures for challenging

187 17 the certification by the unit.

187 18 (3) (a) If the obligor chooses to challenge the



187 19 certification, the obligor shall notify the unit within the

187 20 time period specified in the notice to the obligor. The


187 21 obligor shall include any relevant information with the

187 22 challenge.

187 23 (2) (a) (b) A challenge shall be based upon mistake of

187 24 fact. For the purposes of this subsection, "mistake of fact"

187 25 means a mistake in the identity of the obligor or a mistake in

187 26 the amount of the delinquent child support owed if the amount

187 27 did not exceed two thousand five hundred dollars on the date

187 28 of the unit's decision on the challenge.

187 29 If the obligor chooses to challenge the certification, the



187 30 obligor shall notify the unit within the time period specified

187 31 in the notice to the obligor. The obligor shall include any

187 32 relevant information with the challenge.

187 33 (b) (4) Upon timely receipt of the challenge, the unit

187 34 shall review the certification for a mistake of fact, or refer

187 35 the challenge for review to the child support agency in the


Senate File 449 - Introduced continued

188 1 state chosen by the obligor as provided by federal law.

188 2 (c) (5) Following the unit's review of the certification,

188 3 the unit shall send a written decision to the obligor within

188 4 ten days of timely receipt of the challenge.

188 5 (i) (a) If the unit determines that a mistake of fact

188 6 exists, the unit shall send notification in accordance with

188 7 federal procedures withdrawing the certification for passport

188 8 sanction.

188 9 (ii) (b) If the unit determines that a mistake of fact

188 10 does not exist, the obligor may contest the determination

188 11 within ten days following the issuance of the decision by

188 12 submitting a written request for a contested case proceeding

188 13 pursuant to chapter 17A.

188 14 (3) (6) Following issuance of a final decision under

188 15 chapter 17A that no mistake of fact exists, the obligor may

188 16 request a hearing before the district court pursuant to

188 17 chapter 17A. The department shall transmit a copy of its

188 18 record to the district court pursuant to chapter 17A. The

188 19 scope of the review by the district court shall be limited to

188 20 demonstration of a mistake of fact. Issues related to

188 21 visitation, custody, or other provisions not related to the

188 22 support provisions of a support order are not grounds for a

188 23 hearing under this subsection.

188 24 Sec. 223. Section 256B.2, Code 2009, is amended to read as

188 25 follows:

188 26 256B.2 DEFINITIONS == POLICIES == FUNDS.

188 27 1. As used in this chapter:

188 28 a. "Children requiring special education" means persons

188 29 under twenty=one years of age, including children under five

188 30 years of age, who have a disability in obtaining an education

188 31 because of a head injury, autism, behavioral disorder, or

188 32 physical, mental, communication, or learning disability, as

188 33 defined by the rules of the department of education.

188 34 2. b. "Special education" means classroom, home,

188 35 hospital, institutional, or other instruction designed to meet
Senate File 449 - Introduced continued
189 1 the needs of children requiring special education as defined

189 2 in this subsection 1; transportation and corrective and

189 3 supporting services required to assist children requiring

189 4 special education, as defined in this subsection 1, in taking

189 5 advantage of, or responding to, educational programs and

189 6 opportunities, as defined by rules of the state board of

189 7 education.

189 8 3. 2. It is the policy of this state to require school

189 9 districts and state operated educational programs to provide

189 10 or make provision, as an integral part of public education,

189 11 for a free and appropriate public education sufficient to meet

189 12 the needs of all children requiring special education. This

189 13 chapter is not to be construed as encouraging separate

189 14 facilities or segregated programs designed to meet the needs

189 15 of children requiring special education when the children can

189 16 benefit from all or part of the education program as offered

189 17 by the local school district. To the maximum extent possible,

189 18 children requiring special education shall attend regular

189 19 classes and shall be educated with children who do not require

189 20 special education. Whenever possible, hindrances to learning

189 21 and to the normal functioning of children requiring special

189 22 education within the regular school environment shall be

189 23 overcome by the provision of special aids and services rather

189 24 than by separate programs for those in need of special

189 25 education. Special classes, separate schooling, or other

189 26 removal of children requiring special education from the

189 27 regular educational environment, shall occur only when, and to

189 28 the extent that the nature or severity of the educational

189 29 disability is such, that education in regular classes, even

189 30 with the use of supplementary aids and services, cannot be

189 31 accomplished satisfactorily. For those children who cannot

189 32 adapt to the regular educational or home living conditions,

189 33 and who are attending facilities under chapters 263, 269, and

189 34 270, upon the request of the board of directors of an area

189 35 education agency, the department of human services shall
Senate File 449 - Introduced continued
190 1 provide residential or detention facilities and the area

190 2 education agency shall provide special education programs and

190 3 services. The area education agencies shall cooperate with

190 4 the board of regents to provide the services required by this

190 5 chapter.

190 6 3. Special aids and services shall be provided to children

190 7 requiring special education who are less than five years of

190 8 age if the aids and services will reasonably permit the child

190 9 to enter the educational process or school environment when

190 10 the child attains school age.

190 11 4. Every child requiring special education shall, if

190 12 reasonably possible, receive a level of education commensurate

190 13 with the level provided each child who does not require

190 14 special education. The cost of providing such an education

190 15 shall be paid as provided in section 273.9, this chapter, and

190 16 chapter 257. It shall be the primary responsibility of each

190 17 school district to provide special education to children who

190 18 reside in that district if the children requiring special

190 19 education are properly identified, the educational program or

190 20 service has been approved, the teacher or instructor has been

190 21 licensed, the number of children requiring special education

190 22 needing that educational program or service is sufficient to

190 23 make offering the program or service feasible, and the program

190 24 or service cannot more economically and equably be obtained

190 25 from the area education agency, another school district,

190 26 another group of school districts, a qualified private agency,

190 27 or in cooperation with one or more other districts.

190 28 4. 5. Moneys received by the school district of the

190 29 child's residence for the child's education, derived from

190 30 moneys received through chapter 257, this chapter, and section

190 31 273.9 shall be paid by the school district of the child's

190 32 residence to the appropriate education agency, private agency,

190 33 or other school district providing special education for the

190 34 child pursuant to contractual arrangements as provided in

190 35 section 273.3, subsections 5 and 7 6.
Senate File 449 - Introduced continued
191 1 Sec. 224. Section 321A.39, Code 2009, is amended to read

191 2 as follows:

191 3 321A.39 LIABILITY INSURANCE == STATEMENT.

191 4 1. Whenever any dealer licensed under chapter 322 sells a

191 5 motor vehicle at retail and the transaction does not include

191 6 the sale of liability insurance coverage which will protect

191 7 the purchaser under the Iowa motor vehicle financial and

191 8 safety responsibility Act the purchase order or invoice

191 9 evidencing the transaction shall contain a statement in the

191 10 following form:

191 11 I understand that liability insurance coverage which would

191 12 protect me under the Iowa Motor Vehicle Financial and Safety

191 13 Responsibility Act IS NOT INCLUDED in my purchase of the

191 14 herein described motor vehicle. I have received a copy of

191 15 this statement.

191 16 ......................

191 17 (Purchaser's signature)

191 18 2. The seller shall print or stamp the statement

191 19 conspicuously on the purchase order or invoice. The statement

191 20 shall be signed by the purchaser in the space provided on or

191 21 before the date of delivery of the motor vehicle described in

191 22 the purchase order or invoice and a copy of the statement

191 23 shall be given to the purchaser by the seller.

191 24 3. No civil liability shall arise on account of the

191 25 failure of any person to comply with the provisions of this

191 26 section.

191 27 4. Any person violating any provisions of this section

191 28 shall be deemed guilty of a misdemeanor and shall be punished

191 29 by a fine not exceeding fifty dollars.

191 30 Sec. 225. Section 805.8A, subsection 12, paragraph e, Code

191 31 2009, is amended to read as follows:

191 32 e. (1) Violations of the schedule of axle and tandem axle

191 33 and gross or group of axle weight violations in section

191 34 321.463 shall be scheduled violations subject to the

191 35 provisions, procedures, and exceptions contained in sections
Senate File 449 - Introduced continued
192 1 805.6 through 805.11, irrespective of the amount of the fine

192 2 under that schedule.

192 3 (a) Violations of the schedule of weight violations shall

192 4 be chargeable, where the fine charged does not exceed one

192 5 thousand dollars, only by uniform citation and complaint.

192 6 (b) Violations of the schedule of weight violations, where

192 7 the fine charged exceeds one thousand dollars shall, when the

192 8 violation is admitted and section 805.9 applies, be chargeable

192 9 upon uniform citation and complaint, indictment, or county

192 10 attorney's information, but otherwise shall be chargeable only

192 11 upon indictment or county attorney's information.

192 12 (2) In all cases of charges under the schedule of weight

192 13 violations, the charge shall specify the amount of fine

192 14 charged under the schedule. Where a defendant is convicted

192 15 and the fine under the foregoing schedule of weight violations

192 16 exceeds one thousand dollars, the conviction shall be of an

192 17 indictable offense although section 805.9 is employed and




1   ...   73   74   75   76   77   78   79   80   81


The database is protected by copyright ©hestories.info 2017
send message

    Main page